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Indicates Matter Stricken
Indicates New Matter
S. 774
STATUS INFORMATION
General Bill
Sponsors: Senator Thomas
Document Path: l:\council\bills\swb\6501cm05.doc
Introduced in the Senate on April 20, 2005
Introduced in the House on February 28, 2006
Last Amended on February 22, 2006
Currently residing in the House Committee on Judiciary
Summary: Probation, Parole, and Pardon Services Community Supervision Program
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/20/2005 Senate Introduced and read first time SJ-2 4/20/2005 Senate Referred to Committee on Corrections and Penology SJ-2 2/21/2006 Senate Committee report: Favorable with amendment Corrections and Penology SJ-22 2/22/2006 Scrivener's error corrected 2/22/2006 Senate Amended SJ-27 2/22/2006 Senate Read second time SJ-27 2/23/2006 Senate Read third time and sent to House SJ-6 2/23/2006 Scrivener's error corrected 2/28/2006 House Introduced and read first time HJ-2 2/28/2006 House Recommitted to Committee on Judiciary HJ-2
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
4/20/2005
2/21/2006
2/22/2006
2/22/2006-A
2/23/2006
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
February 22, 2006
S. 774
S. Printed 2/22/06--S. [SEC 2/23/06 3:15 PM]
Read the first time April 20, 2005.
TO AMEND SECTION 24-21-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES' COMMUNITY SUPERVISION PROGRAM, SO AS TO DELETE THE PROVISION THAT SPECIFIES THE LENGTH OF ADDITIONAL TIME A PRISONER MUST SERVE IN A COMMUNITY SUPERVISION PROGRAM AND INCARCERATION WHEN HIS SENTENCE TO COMMUNITY SUPERVISION IS REVOKED, TO PROVIDE THAT THE MAXIMUM AGGREGATE AMOUNT OF TIME A PRISONER MAY BE REQUIRED TO SERVE WHEN SENTENCED FOR SUCCESSIVE REVOCATIONS MAY NOT EXCEED AN AMOUNT OF TIME EQUAL TO THE LENGTH OF INCARCERATION IMPOSED LIMITED BY THE AMOUNT OF TIME REMAINING ON THE ORIGINAL "NO PAROLE OFFENSE"; AND TO PROVIDE THAT THE PRISONER MUST NOT SERVE LONGER THAN THE ORIGINAL SENTENCE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 24-21-560(D) of the 1976 Code as added by Act 83 of 1995 is amended to read:
"(D) If a prisoner's community supervision is revoked by the court and the court imposes a period of incarceration for the revocation, the prisoner also must complete a community supervision program of up to two years as determined by the department pursuant to subsection (B) when he is released from incarceration.
A prisoner who is sentenced for successive revocations of the community supervision program may be required to serve terms of incarceration for successive revocations, as provided in Section 24-21-560(C), and may be required to serve additional periods of community supervision for successive revocations, as provided in Section 24-21-560(D). The maximum aggregate amount of time the prisoner may be required to serve when sentenced for successive revocations may not exceed an amount of time equal to the length of incarceration imposed for the original "no parole offense". The maximum aggregate amount of time a prisoner may be required to serve when sentenced for successive revocations may not exceed an amount of time equal to the length of incarceration imposed limited by the amount of time remaining on the original 'no parole offense'. The prisoner must not be incarcerated for a period longer than the original sentence. The original term of incarceration does not include any portion of a suspended sentence.
If a prisoner's community supervision is revoked due to a conviction for another offense, the prisoner must complete a community supervision program of up to two continuous years as determined by the department after the prisoner has completed the service of the sentence for the community supervision revocation and any other term of imprisonment which may have been imposed for the criminal offense, except when the subsequent sentence is death or life imprisonment."
SECTION 2. This act takes effect upon approval by the Governor.
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